Research On Protection Of The Graphical User Interface Design Patent

21st century,electronic technology has developed rapidly,and electronic products are inseparable from our lives.Graphical user interface(GUI),as a human-computer interaction medium,has become a hot spot for innovation.When the physical form of electronic smart products is gradually weakening,the GUI design of smart products has become one of the important factors for consumers to choose products.The country with a relatively advanced GUI in the field of electronic product technology has already obtained design patent protection,but the promotion of China's protection system has been relatively slow,fall behind the design protection system of international.In 2014,the State Intellectual Property Office issued Order 68,and the Patent Examination Guidelines formally included a graphical user interface into the protection scope of designs.Order No.328 was issued in 2019,with further modifications to the graphical user interface.However,China's design system is still in its infancy,and the current regulations on the protection of designs for graphical user interfaces are only clarified through the Patent Examination Guidelines.Due to the special attributes of the graphical user interface,it is often constrained by the patent law,generate infringement controversy and hinder the GUI protection of innovation.This article mainly analyzes the newly revised provisions of the Patent Examination Guidelines 2019,and combines with relevant judicial cases and foreign judicial experience,puts forward some considerations and suggestions suitable for the protection of the graphical user interface design in China.The basic structure of this article is as followsThe introduction part introduces the development and the protection status of the graphical user interface,and uses the design patent in the patent infringement lawsuits of Apple and Samsung to draw the international protection degree of the graphical user interface,By revised provisions of the Patent Examination Guidelines which leads to the research on the protection of graphical user interfaceThe first chapter explains the definition and legal characteristics and the types of graphical user interface.This article briefly describes the current status of the design protection system for graphical user interfaces in China.By comparing the protection of other intellectual property rights to reflects the advantages of choosing patent protection for design.The second chapter makes a detailed analysis of the graphical user interface during the patent application authorization stage in accordance with the relevant provisions of the Patent Examination Guidelines.Including the conditions for the graphical user interface to obtain the protection of design patents,the application requirements for dynamic graphical user interfaces,and the protection of graphical user interface icons.The thrid chapter clarifies the object of graphic user interface design protection.Through some domestic and foreign related cases,it analyzes how the graphic user interface defines the scope of patent protection in judicial practice and the special problems encountered in the infringement determination,analysis of the relationship between direct infringement and indirect infringement.Process some solutions.learn from the foreign experience.The fourth chapter starting from the actual situation in China,in view of the problems existing in the protection of the aforementioned graphical user interface,and drawing on the protection experience of countries outside the domain,some thoughts and suggestions on perfecting the design protection system for the graphical user interface design are proposed.For example,clarify the object of protection of the graphical user interface,improve the relevant provisions of the patent application for the design of the graphical user interface,the rules for the determination of indirect infringement,and introduce some design protection systems.